Tozer v. Hobbs' Estate

The administrators of the appellee estate have entered their special appearance herein and moved to dismiss this appeal, for various reasons, as set forth in said motion, each and all of which involve an examination of the transcript of the record filed herein.

An examination of the record before us convinces us that the contention of the appellees, as to this record, is not well founded. The motion to dismiss this appeal is therefore overruled.

The examination of the record discloses the following facts, viz.: (1) That this cause was tried by the court, and that on April 3, 1922, the court…